Bill Text: IL HB0804 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning obstructing justice.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0370 [HB0804 Detail]

Download: Illinois-2013-HB0804-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 11-1.40 and by adding Section 11-9.1B as follows:
(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a
child if that person commits an act of sexual penetration or an
act of contact, however slight between the sex organ or anus of
one person and the part of the body of another, and the
accused , is 17 years of age or older, and:
(1) the victim is under 13 years of age; or
(2) the victim is under 13 years of age and that
person:
(A) is armed with a firearm;
(B) personally discharges a firearm during the
commission of the offense;
(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation, ingestion,
transfer of possession, or any other means) any

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controlled substance to the victim without the
victim's consent or by threat or deception, for other
than medical purposes.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person shall
be sentenced to a term of imprisonment of not less than 6
years and not more than 60 years. A person convicted of a
violation of subsection (a)(2)(A) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(B) commits a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(C) commits a Class X felony
for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of
natural life imprisonment.
(1.1) A person convicted of a violation of subsection
(a)(2)(D) commits a Class X felony for which the person
shall be sentenced to a term of imprisonment of not less
than 50 years and not more than 60 years.
(1.2) A person convicted of predatory criminal sexual
assault of a child committed against 2 or more persons
regardless of whether the offenses occurred as the result
of the same act or of several related or unrelated acts

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shall be sentenced to a term of natural life imprisonment.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or
who is convicted of the offense of predatory criminal
sexual assault of a child after having previously been
convicted of the offense of criminal sexual assault or the
offense of aggravated criminal sexual assault, or who is
convicted of the offense of predatory criminal sexual
assault of a child after having previously been convicted
under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of
predatory criminal sexual assault of a child, the offense
of aggravated criminal sexual assault or the offense of
criminal sexual assault, shall be sentenced to a term of
natural life imprisonment. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-9.1B new)
Sec. 11-9.1B. Failure to report sexual abuse of a child.
(a) For the purposes of this Section:
"Child" means any person under the age of 13.
"Sexual abuse" means any contact, however slight, between
the sex organ or anus of the victim or the accused and an
object or body part, including but not limited to, the sex

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organ, mouth, or anus of the victim or the accused, or any
intrusion, however slight, of any part of the body of the
victim or the accused or of any animal or object into the sex
organ or anus of the victim or the accused, including, but not
limited to, cunnilingus, fellatio, or anal penetration.
Evidence of emission of semen is not required to prove sexual
abuse.
(b) A person over the age of 18 commits failure to report
sexual abuse of a child when he or she personally observes
sexual abuse, as defined by this Section, between a person who
he or she knows is over the age of 18 and a person he or she
knows is a child, and knowingly fails to report the sexual
abuse to law enforcement.
(c) This Section does not apply to a person who makes
timely and reasonable efforts to stop the sexual abuse by
reporting the sexual abuse in conformance with the Abused and
Neglected Child Reporting Act or by reporting the sexual abuse
or causing a report to be made, to medical or law enforcement
authorities or anyone who is a mandated reporter under Section
4 of the Abused and Neglected Child Reporting Act.
(d) A person may not be charged with the offense of failure
to report sexual abuse of a child under this Section until the
person who committed the offense is charged with criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse.

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(e) It is an affirmative defense to a charge of failure to
report sexual abuse of a child under this Section that the
person who personally observed the sexual abuse had a
reasonable apprehension that timely action to stop the abuse
would result in the imminent infliction of death, great bodily
harm, permanent disfigurement, or permanent disability to that
person or another in retaliation for reporting.
(f) Sentence. A person who commits failure to report sexual
abuse of a child is guilty of a Class A misdemeanor for the
first violation and a Class 4 felony for a second or subsequent
violation.
(g) Nothing in this Section shall be construed to allow
prosecution of a person who personally observes the act of
sexual abuse and assists with an investigation and any
subsequent prosecution of the offender.